December 13, 2005

2005 Greetings from NSSGA's Government Affairs Division!

As we approach the end of the calendar year and look back, NSSGA is proud of many advocacy successes. These accomplishments may have been achieved here in Washington, but are a result of the energy and activism of so many NSSGA members. All the members of the association, especially those on the Government Affairs Committee and the ROCKPAC Board of Trustees, as well as our state association executive partners, deserve accolades for participating in the numerous meetings, fly-ins, conference calls, and other advocacy efforts. Due to your hard work and dedication, NSSGA succeeded in amplifying the industry's voice and influence in Washington.

Member involvement was crucial to the most significant and top legislative priority of NSSGA: passage of the surface transportation reauthorization, SAFETEA-LU (Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users). It took 12 extensions and 907 days, but we persevered until the bill was signed into law on Aug. 10.

NSSGA Chairman Rick Feltes said it best earlier this year when he stated, "This action would not have occurred without the ongoing activity of NSSGA grassroots activists and the contacts and participation of all our coalition partner organizations with their grassroots activity." NSSGA was able to affect the debate in numerous ways. Hundreds of personal contacts, daily in many cases, drumming home NSSGA's key priorities worked! Each one was included in the final bill.

• Provide growth funding levels for highway improvement and maintenance;
• Maintain firewalls to protect the Highway Trust Fund (HTF);
• Expand innovative financing tools and contracting techniques;
• Streamline the burdensome environmental procedures without harming the environment;
• Reform the Clean Air Act conformity process to close loop-holes used by anti-growth groups to stop or slow projects; and
• Reconstitute a federal program to conduct research, and for the first time designate specific dollars for aggregates research.

The Nov./Dec. issue of the Stone, Sand and Gravel REVIEW has more detail, click here to read article.

In addition to passing the association's top priority, Congress also acted upon a number of items included in NSSGA's Agenda for the 109th Congress. While proactively working for passage of SAFETEA-LU, NSSGA's government affairs team was busy ensuring Congress funds the important surface transportation programs contained in it and the Aviation Improvement Program (AIP). Just before the Thanksgiving recess, Congress approved the FY '06 Transportation-Treasury Appropriations Conference report, which fully funded the highway program in the amount of $36.8 billion, included $8.6 billion for transit, and funded the Aviation Improvement Program at $3.55 billion, ignoring administration calls for significant cuts. NSSGA scored two more victories when Congress again ignored calls to slice funds from the Minerals Information Program of the U.S. Geological Survey (USGS), which collects and publishes data on the aggregates industry, and the Clean Water State Revolving fund program.

NSSGA's Government Affairs team was successful on another priority of the association, the accurate definition of asbestos, when the Senate Judiciary Committee included the proper definition during consideration of asbestos trust fund legislation. The full Senate is expected to take up the asbestos bill early in 2006. Although the House is not expected to act on the asbestos issue until after the Senate, NSSGA briefed the House Judiciary Committee on the issue, as well as the staff of the chairman of the House Judiciary Subcommittee with jurisdiction.

On another issue identified as an association priority, NSSGA is working with its members to develop a model tort reform bill, which, after legal review and Board approval, would be shared with state association executives to progress with state coalition partners where opportunities exist at the state level.

Two more priorities of the association were debated at length and approved by the House with wide bi-partisan support, including legislation to repeal the death tax and legislation to allow association health plans (AHPs). Unfortunately, these bills are now stuck in the Senate. Supporters of each bill are working to mollify critics concerns, although the prospects for each bill are questionable at best. NSSGA will continue to meet with elected officials and staff while working through coalitions to press for passage of these bills.

On the environmental front, the House of Representatives took up legislation to reform the Endangered Species Act, a long-standing priority of NSSGA, and passed the Threatened and Endangered Species Recovery Act. The bill now heads to the Senate for consideration. This is the furthest the legislation has advanced in more than ten years. Chairman Richard Pombo (R-Calif.) and Rep. Dennis Cardoza (D-Calif.) deserve credit for their hard work to advance this common sense and long-overdue bill. Click here to read NSSGA's letter endorsing TESRA.

Representatives Richard Baker (R-La.) and Marion Berry (D-Ark.) teamed up to introduce the Federal Wetlands Jurisdiction Act. The bill would faithfully implement a Supreme Court decision by drawing a clear and sensible line between federal government and state jurisdiction in regards to Section 404 of the Clean Water Act. Click here to read NSSGA's letter of endorsement. NSSGA is actively working to educate Congress on the need for this reasonable bill.

This year House Resources Committee Chairman Richard Pombo named a bi-partisan Task Force to look at improving the National Environmental Policy Act led by Rep. Cathy McMorris (R-Wash.). The Task Force held five regional hearings and two hearings in D.C. NSSGA arranged the appearances of NSSGA member company representatives at three of the regional hearings, as well as submitting comments and coordinating the submission of comments by other NSSGA member companies and State Aggregate associations.

The association is following two other significant measures: the Water Resources Development Act (WRDA), which the House passed and now awaits consideration by the full Senate. The second bill, the National Geologic Mapping Reauthorization Act, passed the House in June and was modified by the Senate in November, meaning the bill needs to be passed by the House again before it can be sent to the president for his signature. Considering the importance of these bills, NSSGA is working for their consideration in early 2006, if not before.

The recent successes on the Hill are due to a variety of different lobbying techniques the government affairs team is using. First, NSSGA is continuing to participate in events that raise the association's profile on Capitol Hill, keeping our name in front of members of Congress. The Transportation Construction Coalition fly-ins and Americans for Transportation Mobility events, along with the annual American Public Works Day on the Hill helped accomplish this goal. Also, NSSGA has proactively educated Congress on important issues facing the industry through face-to-face meetings and the use of strategic letter writing. Weighing in when it counts most has helped several initiatives make it through the legislative process, and served to educate recipients about our industry in other cases. To wit, NSSGA's news release on the importance of the gasoline user fee,helped head off at least one, if not more, well intentioned, but misguided bills to repeal or impose a gas user fee holiday. In celebration of Earth Day, NSSGA again informed elected officials about the important role the industry plays in maintaining a quality environment.

Sometimes, however, actually touching rocks and equipment can convey more information. During CON-EXPO/CONAGG in March, NSSGA teamed up with Association of Equipment Manufacturers (AEM) to bring Congressional staff to Las Vegas to educate them about our respective industries and provide them the crucial -- touch and feel approach to learning. Click here to see photos of the Congressional staff trip. Reports from the guests indicate the trip was very helpful to them as Congress continued to work on the six-year surface transportation reauthorization and other issues of importance to our associations. NSSGA plans to continue this successful lobbying technique by hosting another quarry tour in 2006.

The government affairs team has logged a number of high profile meetings with agency officials to discuss issues of importance including the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA), EPA, USGS, and DOT, among others. At the other end of Pennsylvania Avenue, Capitol Hill, NSSGA staff has booked more than 1,500 meetings in support of our legislative agenda. A regular presence on Capitol Hill helps maintain the association's profile as a leader in the industry and ensures that the industry's voice will be heard on important legislation.

Another way to be noticed in Washington is to contribute to campaigns. Over the past ten years, NSSGA's ROCKPAC has grown by more than 500 percent. For the 2004 election cycle, ROCKPAC landed in the top 10 percent of all political action committees in terms of donations. Those who donate to ROCKPAC deserve the special recognition and thanks for their generous contributions; after all, without donors there is no PAC. NSSGA raised $313,000 this year alone and is on track to surpass the $500,000 mark for the first time in the 2005-2006 campaign cycle. There is no question about it that ROCKPAC opens doors and lets the industry's voice be heard.

NSSGA was instrumental in obtaining a favorable ruling from the FEC allowing associations for the first time to obtain contributions to their political action committees through the use of payroll deduction. NSSGA testified with two other associations before the FEC in support of this rule, which levels the playing field for association PACs with labor PACs. NSSGA launched "Aggregates in Action", or A2, its rebranded grassroots network, at the annual convention in Las Vegas. A2 raises NSSGA's grassroots network to the next level by involving members directly in the legislative process. Six regional A2 co-chairs have been named and are serving as liaison to the member company grassroots captains in their regions. Grassroots are an essential tool for realizing legislative goals and we are using the successful ROCKPAC peer-to-peer approach to build A2. Contrary to popular belief, members of Congress do pay attention to those who contact their offices. By making the direct connection between constituents and NSSGA's legislative priorities the industry's voice gets louder and louder. We appreciate the time members of A2 have taken to contact their member of Congress to advocate on behalf of the industry.

There is a saying that encapsulates NSSGA's activities, "Success begets success." We agree. By being focused, using multiple lobbying techniques, mobilizing members at the right time, and maintaining a presence on Capitol Hill, industry's voice and influence in Washington will continue to grow and make it more likely we will prevail in achieving our goals. We are proud of our accomplishments this year and look forward to continuing a proactive, progressive and successful advocacy program in 2006.

Best wishes,

Mike Agee
Chairman, Government Affairs Committee

Pam Whitted
Vice President, Government Affairs